Author :Shristi D Kumar, Student at Institute of Law Nirma University
TO THE POINT
Vishakha Others vs. State of Rajasthan was a prominent revolutionary case in Indian jurisprudence. It establishes Vishakha guidelines, which provide a framework for addressing and preventing sexual harassment in the workplace until the sexual harassment of Women (Prevention, prohibition, and Redressal) Act, 2013.
USE OF LEGAL JARGON
The ruling in the case of Vishakha v. State of Rajasthan outlines the responsibilities under Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution, placing special emphasis on the rights to gender equality, the freedom to choose any career path and the right to a dignified existence. The principles of international agreements, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India is a signatory to, served as the basis for the guidelines developed by the Supreme Court.
THE PROOF
The case arose from the brutal gang rape of social worker Bhanwari Devi in Rajasthan. She used to work for the prevention of child marriages. The daughter of Ramkaran Gujjars (Thakur), who was only a baby, was about to get married, and Bhanwari Devi en-devoured to prevent it. Bhanwari Devi attempted to dissolve her infant daughter’s marriage as part of her responsibility. Despite her fruitless attempts to break up the marriage, it did go through, however, she was not absolved or forgiven for this transgression. She faced social disapproval or was the target of a boycott. In front of her husband, Ramkaran Gujjar and his five buddies sexually assaulted her in a gang in September 1992. The public interest litigation (PIL) that Vishakha and other women’s rights organizations brought was prompted by the shortcomings in the current legal framework that do not adequately protect women from sexual harassment at work. This statutory void was rectified by the Supreme Court’s decision, which established a thorough process for managing sexual harassment claims.
ABSTRACT
One of the most important decisions ever made by the Supreme Court of India was handed down on August 13, 1997, and it was in the case of Vishakha and Others versus the State of Rajasthan. The Vishakha Guidelines were established as a result of this judgment to address and rectify accusations of sexual harassment that occurred in the workplace. The case highlighted the inadequacy of the rules already in place to protect women and the necessity of establishing an efficient legal framework. In the years leading up to the passage of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013, the rules established by the Supreme Court continued to serve as the established legal framework. The Supreme Court of the United States ruled that women have a basic right to freedom from sexual harassment in the workplace. In addition to this, it presented several crucial principles that employees should adhere to to prevent sexual harassment of women in the occupational setting. Additionally, the court recommended the establishment of appropriate procedures to implement situations in which sexual harassment occurs in the workplace. One of the primary goals or objectives of the Supreme Court was to ensure that there is no discrimination against women in the workplace and to ensure that there is equality between the sexes among people.
As a result of this decision, the Supreme Court has provided a clear definition of the word “sexual harassment.” As a result, any physical touch or conduct, the display of pornography, any unpleasant insult or misbehaviour, as well as any sexual desire or favour toward women, will fall under the purview of sexual harassment. The definition of sexual harassment was specifically highlighted by the Supreme Court in the case of Vishakha and others versus the state of Rajasthan. According to this definition, any unwanted or uninvited physical touch or conduct, as well as the showing of pornography or any definable sexual comments or texts, will fall under the purview of sexual harassment. The mental and physical health of women is also negatively impacted by it. Both the prevention of sexual harassment and the establishment of gender equality in the workplace ought to be prioritized.
According to the guidelines that the Supreme Court established, the individual who is in charge of a particular institution, organization, or office, regardless of whether it is public or private, will be accountable for implementing appropriate measures to avoid sexual harassment. Individuals who are accused of engaging in sexual harassment will be subject to disciplinary actions with penalties. To prevent sexual harassment of women in the workplace, it has developed into a very important issue that needs to be addressed. Within the context of private businesses, stringent regulations concerning the punishment of sexual harassment are required to be incorporated. If sexual harassment is carried out by those who are not affiliated with the institution, the individual in control of that institution is obligated to take stringent action against those who commit such a crime.
CASE LAWS
- Vishakha and Others vs. State of Rajasthan (1997): Dealt with the issue of sexual harassment of women which occurred in the workplace. The Vishakha Guidelines were developed by the court in response to the gang rape of social worker Bhanwari Devi. The court acknowledged the lack of statutory provisions to deal with sexual harassment in the workplace resulting in the formulation of these guidelines. In the years leading up to the passage of specific laws in 2013, these recommendations served as a framework for preventing and combating sexual harassment. Within the context of the Indian Constitution, Articles 14, 15, 19, and 21 were highlighted as being particularly important for the protection of women’s fundamental rights.
- The Apparel Export Promotion Council vs. A.K. Chopra (1999): The case of the Apparel Export Promotion Council vs. A.K. Chopra (1999) served to strengthen the principles that were outlined in the Vishakha recommendations to combat sexual harassment in the workplace. A.K. Chopra, an employee who was found guilty of sexually harassing a subordinate, was fired, and the Supreme Court of India affirmed the decision to fire him. As a result of the court’s demonstration that sexual harassment in the workplace is a violation of the fundamental rights of women as outlined in the Indian Constitution, it reaffirmed the need to provide women with a working environment that is both safe and respected.
- Medha Kotwal Lele & Ors. vs. Union of India & Ors. (2012): It is important to note that the case of Medha Kotwal Lele and Others versus Union of India and Others (2012) is relevant because it serves to emphasize the significance of applying the Vishakha Guidelines to prevent sexual harassment in the workplace. The Supreme Court of India observed that the guidelines were not being adequately enforced, even though the Vishakha verdict had been released. To emphasize the continued requirement for vigilance and compliance in the protection against sexual harassment, the court issued a directive to all state governments, instructing them to guarantee that the rules are properly implemented and to take the necessary steps to defend women’s rights in the workplace.
- Dr. Punita K. Sodhi vs. Union of India (2010): In the case of Dr. Punita K. Sodhi vs. Union of India (2010), the plaintiff was a female physician who was subjected to sexual harassment at her place of employment. The Vishakha Guidelines were utilized by the Delhi High Court to address her issues, and the court stressed the significance of ensuring that women are permitted to work in a setting that is both safe and dignified. The decision of the court reaffirmed the need to adhere to the standards stringently to safeguard the rights of women and provide a workplace that is free of harassment.
CONCLUSION
With the Vishakha verdict, a significant step was taken toward protecting women from sexual harassment in the workplace. This judgment also highlighted the importance of maintaining a secure set of working conditions. In addition to providing immediate assistance, the recommendations also served to lay the framework for legislation that would be passed in the future. This historic verdict has had a lasting impact, as evidenced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which was passed in 2013. One of the most common forms of sexual harassment that women face in the workplace in India is sexual harassment. This crime will immediately hinder the working ratio of women in India, and on the other hand, it will hinder the economic situation of India. If any rigorous action is not taken against this crime, it will hurt both of these aspects. As a result of the government’s realization that women also make up a significant portion of the working population in our country, stringent legislation should be enacted to prevent sexual harassment in the workplace. Abolition of this practice is necessary to protect the dignity and respect of modern women. To protect its female employees from being subjected to such a societal ill, the institutions and organizations that employ them will need to apply a variety of new strategies and capabilities. The establishment of this right is being done with the primary intention of fostering gender equality in the workplace, free from any form of discrimination or discrimination of any type among the employees of an organization.
FAQ
Question 1: Regarding the Vishakha case, what was the primary concern that arose?
A1: The fundamental problem was that there was no legal structure in place to deal with sexual harassment in the workplace, which is what led to the Supreme Court developing the Vishakha Guidelines.
Question 2: What exactly are the Vishakha Guidelines?
A2: The Vishakha standards are a collection of procedural standards that were developed by the Supreme Court to prevent and handle sexual harassment in the workplace. To provide women with a working environment that is both safe and dignified, these guidelines were formed.
Question 3: What kind of impact did the Vishakha verdict have on Indian law?
A3: An important legal hole was filled by the verdict, and it established principles that continued to be in effect until the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was passed into law.
Question 4: What part did international norms play in the decision about Vishakha?
A4: The verdict drew on principles from international agreements such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), highlighting India’s dedication to eradicating discrimination against women and establishing gender equality.
Question 5: Does the Vishakha judgment still have any bearing on the present day?
A5: The concepts and rules that were established as a result of the Vishakha verdict continue to have an impact on workplace policies and practices, which serves to emphasize the significance of a workplace that is an atmosphere free of harassment.
Page1of2
and to ensure that there is equality between the sexes among people.
goals or objectives of the Supreme Court was to ensure that there is no discrimination against women in the workplace
of appropriate procedures to implement situations in which sexual harassment occurs in the workplace. One of the primary
prevent sexual harassment of women in the occupational setting. Additionally, the court recommended the establishment
harassment in the workplace. In addition to this, it presented several crucial principles that employees should adhere to to
legal framework. The Supreme Court of the United States ruled that women have a basic right to freedom from sexual
Prohibition, and Redressal) Act in 2013, the rules established by the Supreme Court continued to serve as the established
legal framework. In the years leading up to the passage of the Sexual Harassment of Women at Workplace (Prevention,
highlighted the inadequacy of the rules already in place to protect women and the necessity of establishing an efficient
result of this judgment to address and rectify accusations of sexual harassment that occurred in the workplace. The case
it was in the case of Vishakha and Others versus the State of Rajasthan. The Vishakha Guidelines were established as a
One of the most important decisions ever made by the Supreme Court of India was handed down on August 13, 1997, and
ABSTRACT
process for managing sexual harassment claims.
harassment at work. This statutory void was rectified by the Supreme Court’s decision, which established a thorough
prompted by the shortcomings in the current legal framework that do not adequately protect women from sexual
gang perspective. The public interest litigation (PIL) that Vishakha and other women’s rights organizations brought was
1992, Ramkaran Gujjar and his five friends sexually attacked her in front of her husband. The assault took place from a
absolved or forgiven for this transgression. She faced social disapproval or was the target of a boycott. In September of
her responsibility. Despite her fruitless attempts to break up the marriage, it did go through, however, she was not
Bhanwari Devi en-devoured to prevent it. Bhanwari Devi attempted to dissolve her infant daughter’s marriage as part of
of child marriages. The daughter of Ramkaran Gujjars (Thakur), who was only a baby, was about to get married, and
The case arose from the brutal gang rape of social worker Bhanwari Devi in Rajasthan. She used to work for the prevention
THE PROOF
the guidelines developed by the Supreme Court.
Elimination of All Forms of Discrimination Against Women (CEDAW), which India is a signatory to, served as the basis for
and the right to a dignified existence. The principles of international agreements, including the Convention on the
the Indian Constitution, placing special emphasis on the rights to gender equality, the freedom to choose any career path
The ruling in the case of Vishakha v. State of Rajasthan outlines the responsibilities under Articles 14, 15, 19(1)(g), and 21 of
USE OF LEGAL JARGON
harassment of Women (Prevention, prohibition, and Redressal) Act, 2013.
guidelines, which provide a framework for addressing and preventing sexual harassment in the workplace until the sexual
Vishakha Others vs. State of Rajasthan was a prominent revolutionary case in Indian jurisprudence. It establishes Vishakha
TO THE POINT
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who commit such a crime.
affiliated with the institution, the individual in control of that institution is obligated to take stringent action against those
punishment of sexual harassment are required to be incorporated. If sexual harassment is carried out by those who are not
important issue that needs to be addressed. Within the context of private businesses, stringent regulations concerning the
disciplinary actions with penalties. To prevent sexual harassment of women in the workplace, it has developed into a very
measures to avoid sexual harassment. Individuals who are accused of engaging in sexual harassment will be subject to
organization, or office, regardless of whether it is public or private, will be accountable for implementing appropriate
According to the guidelines that the Supreme Court established, the individual who is in charge of a particular institution,
equality in the workplace ought to be prioritized.
women is also negatively impacted by it. Both the prevention of sexual harassment and the establishment of gender
definable sexual comments or texts, will fall under the purview of sexual harassment. The mental and physical health of
to this definition, any unwanted or uninvited physical touch or conduct, as well as the showing of pornography or any
specifically highlighted by the Supreme Court in the case of Vishakha and others versus the state of Rajasthan. According
desire or favour toward women, will fall under the purview of sexual harassment. The definition of sexual harassment was
any physical touch or conduct, the display of pornography, any unpleasant insult or misbehaviour, as well as any sexual
As a result of this decision, the Supreme Court has provided a clear definition of the word “sexual harassment.” As a result,
Page1of2
(Prevention, Prohibition, and Redressal) Act, 2013, which was passed in 2013. One of the most common forms of sexual
future. This historic verdict has had a lasting impact, as evidenced by the Sexual Harassment of Women at Workplace
immediate assistance, the recommendations also served to lay the framework for legislation that would be passed in the
This judgment also highlighted the importance of maintaining a secure set of working conditions. In addition to providing
With the Vishakha verdict, a significant step was taken toward protecting women from sexual harassment in the workplace.
CONCLUSION
the standards stringently to safeguard the rights of women and provide a workplace that is free of harassment.
permitted to work in a setting that is both safe and dignified. The decision of the court reaffirmed the need to adhere to
utilized by the Delhi High Court to address her issues, and the court stressed the significance of ensuring that women are
was a female physician who was subjected to sexual harassment at her place of employment. The Vishakha Guidelines were
4. Dr. Punita K. Sodhi vs. Union of India (2010): In the case of Dr. Punita K. Sodhi vs. Union of India (2010), the plaintiff
necessary steps to defend women’s rights in the workplace.
directive to all state governments, instructing them to guarantee that the rules are properly implemented and to take the
continued requirement for vigilance and compliance in the protection against sexual harassment, the court issued a
guidelines were not being adequately enforced, even though the Vishakha verdict had been released. To emphasize the
the Vishakha Guidelines to prevent sexual harassment in the workplace. The Supreme Court of India observed that the
and Others versus Union of India and Others (2012) is relevant because it serves to emphasize the significance of applying
3. Medha Kotwal Lele & Ors. vs. Union of India & Ors. (2012): It is important to note that the case of Medha Kotwal Lele
Constitution, it reaffirmed the need to provide women with a working environment that is both safe and respected.
sexual harassment in the workplace is a violation of the fundamental rights of women as outlined in the Indian
was fired, and the Supreme Court of India affirmed the decision to fire him. As a result of the court’s demonstration that
sexual harassment in the workplace. A.K. Chopra, an employee who was found guilty of sexually harassing a subordinate,
A.K. Chopra (1999) served to strengthen the principles that were outlined in the Vishakha recommendations to combat
2. The Apparel Export Promotion Council vs. A.K. Chopra (1999): The case of the Apparel Export Promotion Council vs.
women’s fundamental rights.
Indian Constitution, Articles 14, 15, 19, and 21 were highlighted as being particularly important for the protection of
recommendations served as a framework for preventing and combating sexual harassment. Within the context of the
resulting in the formulation of these guidelines. In the years leading up to the passage of specific laws in 2013, these
Bhanwari Devi. The court acknowledged the lack of statutory provisions to deal with sexual harassment in the workplace
in the workplace. The Vishakha Guidelines were developed by the court in response to the gang rape of social worker
1. Vishakha and Others vs. State of Rajasthan (1997): Dealt with the issue of sexual harassment of women which occurred
CASE LAWS
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harassment.
workplace policies and practices, which serves to emphasize the significance of a workplace that is an atmosphere free of
A5: The concepts and rules that were established as a result of the Vishakha verdict continue to have an impact on
Question 5: Does the Vishakha judgment still have any bearing on the present day?
establishing gender equality.
Discrimination Against Women (CEDAW), highlighting India’s dedication to eradicating discrimination against women and
A4: The verdict drew on principles from international agreements such as the Convention on the Elimination of All Forms of
Question 4: What part did international norms play in the decision about Vishakha?
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was passed into law.
A3: An important legal hole was filled by the verdict, and it established principles that continued to be in effect until the
Question 3: What kind of impact did the Vishakha verdict have on Indian law?
dignified, these guidelines were formed.
and handle sexual harassment in the workplace. To provide women with a working environment that is both safe and
A2: The Vishakha standards are a collection of procedural standards that were developed by the Supreme Court to prevent
Question 2: What exactly are the Vishakha Guidelines?
workplace, which is what led to the Supreme Court developing the Vishakha Guidelines.
A1: The fundamental problem was that there was no legal structure in place to deal with sexual harassment in the
Question 1: Regarding the Vishakha case, what was the primary concern that arose?
FAQ
discrimination of any type among the employees of an organization.
with the primary intention of fostering gender equality in the workplace, free from any form of discrimination or
employ them will need to apply a variety of new strategies and capabilities. The establishment of this right is being done
women. To protect its female employees from being subjected to such a societal ill, the institutions and organizations that
sexual harassment in the workplace. Abolition of this practice is necessary to protect the dignity and respect of modern
make up a significant portion of the working population in our country, stringent legislation should be enacted to prevent
taken against this crime, it will hurt both of these aspects. As a result of the government’s realization that women also
ratio of women in India, and on the other hand, it will hinder the economic situation of India. If any rigorous action is not
harassment that women face in the workplace in India is sexual harassment. This crime will immediately hinder the working
